740.00119 Control (Italy)/2–547

Memorandum by the State Member (Hilldring) to the State–War–Navy Coordinating Committee

secret

Subject: Military and Civil Affairs Agreement Between the United States and Italy.

The Department of State has considered the memorandum of the Joint Chiefs of Staff regarding the draft military and civil affairs agreement with Italy, enclosed with SWNCC 271/15 of 5 February 1947,1 and has concluded that the proposed agreement is unnecessary to ensure to U.S. forces in Italy the facilities necessary for their withdrawal within 90 days from the coming into force of the Treaty of Peace with Italy. Moreover, it is considered from the political point of view that it would be unwise to press the Italian Government to accept an agreement which would undoubtedly be regarded by them as an extension of the armistice regime.

As is known, all functions of the Allied military forces in Italy cease upon the coming into force of the Treaty. From that date, U.S. forces in Italy will require, and will be entitled to, only those facilities which are necessary for their withdrawal within 90 days in accordance with Article 73 of the Treaty. While the primary obligation under this Article falls upon the Allied and Associated Powers, i.e., to withdraw [Page 869] their armed forces from Italy, an obligation is also placed upon the Italian Government by implication and through international comity, to cooperate in the withdrawal of the Allied forces by furnishing for due compensation the services and facilities necessary for such withdrawal.

It is the opinion of the Department of State, therefore, that all facilities which may be required for the withdrawal of U.S. forces in Italy are ensured under the Treaty. Upon the request of the War Department, however, the Department of State is prepared to endeavor to arrange for an exchange of notes with the Italian Government which would provide general assurances that the Italian authorities will cooperate in the orderly withdrawal of U.S. forces from Italy and will make available to them all facilities necessary therefor upon due compensation.

It is understood that the Government of the United Kingdom is also of the opinion that a military and civil affairs agreement is not necessary for the period during which Allied forces will be withdrawing from Italy.

J. H. Hilldring